Back To Basics

Yesterday, I posted about Wang Huning, the behind-the-scenes Chinese public intellectual whose philosophy is evidently immensely influential in that country, and whose six-month visit to the U.S. triggered his disenchantment with Enlightenment rationalism/liberalism.

Wang reportedly came to believe that culture is a vital component of political stability–that  a society’s “software,” by which he means culture, values, and attitudes, shapes political destiny as much or more as the “hardware” (economics, systems, institutions) most of us consider far more influential.

Since I read only the article to which I linked, I don’t know whether Wang ever addressed the extent to which hardware–especially economic systems–influences and shapes or distorts culture. In the U.S., for example, sociological research tells us that capitalism has strengthened America’s cultural emphasis on individualism.

Be that as it may, Wang’s impressions of America, and the conclusions he drew from his observations, underscore one of the enduring questions of political philosophy: what is government for? What are the tasks that must be done collectively–through government–and what tasks are properly left to the private and voluntary sectors?

I don’t think it is an over-simplification to suggest that American Right-wingers agree with Wang in one crucial respect: the importance of culture and tradition. (In their case, the supreme importance of their culture and tradition.) The Right thus believes that it is government’s job to protect their culture–a culture which gives social dominance to White Christian males and facilitates a dog-eat-dog form of market capitalism.

The Left–which, in America these days, includes pretty much anything and anyone to the left of radical Right-wing Republicanism–sees the job of government very differently. For most of us, the ideal government is boring; it is (or should be) almost entirely concerned with building and maintaining the physical and social infrastructure that underlies and enables genuine human liberty–which we define as the ability to pursue one’s personal life goals. So we want government to attend to the public safety, build and maintain the structures that allow us to travel, communicate and collaborate, and–ideally–provide a social safety net sufficient to prevent poverty and a degree of inequality that endangers social stability.

What we label the American Left today includes a very wide a swath of opinion, so it is inevitable that there will be many “intra-Left” arguments about what that infrastructure should look like, how robust it should be, and how government should go about funding and maintaining it. But virtually everyone on the Left would define the role of government in terms that are utterly incompatible with those of the radical Right.

These incompatible views of what government is for have led to incommensurate demands on government.

In today’s America, the Left (pretty much across the broad spectrum of Left-of-Fascism opinion and despite disputes about how to achieve these goals) wants roads and bridges repaired, healthcare access expanded,   and voting rights protected. It also wants the wealthy to pay taxes at the higher rates that were historically imposed.  Today’s (far more unified) Right wants school history courses censored and trans students ostracized, women’s reproductive liberties curtailed, voting made more difficult for minorities, and White Christian privilege protected. it also wants taxes further reduced, especially on corporations and the rich.

The Bill of Rights, as I have repeatedly noted, is a list of things that government is forbidden to do;  the nation’s Founders did not believe that government’s job included protection of a particular worldview, religion or status.

Wang’s belief in the importance of culture isn’t wrong. But cultures develop over time; they are the result of numerous factors that interact to influence social mores, attitudes and values. In the U.S.,over time, the culture has been heavily influenced by the values of the Constitution and Bill of Rights, and by the other aspirations built into our constituent documents.

Most Americans have been “acculturated” to see government’s role as a provider of infrastructure (however narrowly or broadly defined)–not as a protector of privilege, which is what today’s Right demands in its breathtakingly radical effort to remake both American law and culture.

There’s a reason the Right wants to censor and distort the teaching of accurate history. Those who control the historical narrative control the culture–and the country.

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The Chinese Tocqueville?

Most Americans–or so I hope–have at least heard of Alexis de Tocqueville, the Frenchman who traveled the United States in the mid-1800s and wrote of his observations. Those of us who have taught social studies of one kind or another generally include at least some of Tocqueville’s writings in our lesson plans.

It’s worth considering just how out-of-date Tocqueville’s observations are, some two hundred years later, especially right now when Americans have evidently lost the ability to govern ourselves. 

What brought Tocqueville to mind was an article a reader shared from a publication called Palladium, which situates itself as “Governance Futurism.” The article focused on a figure from the Chinese Communist hierarchy I’d never heard of, one Wang Huning. According to the article, very few people actually have heard of him, although he is evidently a powerful voice in China’s governing hierarchy. The article describes him as “arguably the single most influential ‘public intellectual’ alive today.”

Such a figure is just as readily recognizable in the West as an éminence grise (“grey eminence”), in the tradition of Tremblay, Talleyrand, Metternich, Kissinger, or Vladimir Putin adviser Vladislav Surkov.

Wang’s work has centered on the centrality of culture, tradition, and value structures to political stability. He has argued that society’s “software” (culture, values, attitudes) shapes political destiny as much or more as its “hardware” (economics, systems, institutions). The article notes that this represents a “daring break from the materialism of orthodox Marxism.”

Originally, Wang was hopeful that classical liberalism could play a positive role in China. That changed after he spent six months in the United States as a visiting scholar.

Profoundly curious about America, Wang took full advantage, wandering about the country like a sort of latter-day Chinese Alexis de Tocqueville, visiting more than 30 cities and nearly 20 universities…Wang recorded his observations in a memoir that would become his most famous work: the 1991 book America Against America. 

Wang concluded that America’s problems all have the same root cause: “a radical, nihilistic individualism at the heart of modern American liberalism.”

“The real cell of society in the United States is the individual,” he finds. This is so because the cell most foundational (per Aristotle) to society, “the family, has disintegrated.” Meanwhile, in the American system, “everything has a dual nature, and the glamour of high commodification abounds. Human flesh, sex, knowledge, politics, power, and law can all become the target of commodification.” This “commodification, in many ways, corrupts society and leads to a number of serious social problems.” In the end, “the American economic system has created human loneliness” as its foremost product, along with spectacular inequality. As a result, “nihilism has become the American way, which is a fatal shock to cultural development and the American spirit.”

Wang observed a growing tension between Enlightenment liberal rationalism and a “younger generation [that] is ignorant of traditional Western values.” “If the value system collapses,” he asks, “how can the social system be sustained?”

Good question. (In fact, very similar to the concerns voiced by Leonard Pitts, about which I previously posted.)

Ultimately, he argues, when faced with critical social issues like drug addiction, America’s atomized, deracinated, and dispirited society has found itself with “an insurmountable problem” because it no longer has any coherent conceptual grounds from which to mount any resistance.

“Coherent conceptual grounds” is another way of approaching what I have been calling the “American Idea”–the belief that to be an American does not require any particular identity, but does require allegiance to the founding, aspirational philosophy of the country. Authentic allegiance, obviously, requires knowing what that aspirational philosophy is. 

In other words, it requires basic civic literacy.

The America that Alexis de Tocqueville visited is long gone, and with it, the cultural ties and local collective practices that made civic knowledge less critical.  If Wang Huning’s observations–and the conclusions he drew from those observations–are correct, we are seeing the socially-destructive consequences of a radical individualism facilitated by a profound ignorance of America’s governing premises. 

The current belligerence being displayed by self-described “patriots’ over vaccination mandates is a perfect example: angry people insisting on their “right” to risk infecting others, and claiming a constitutional protection of that right that does not exist (and never has). 

China has not escaped the modernization and “liberalization” Wang deplored; Chinese society, albeit not its governance, reflects many of the same problems of commodification and inequality that we Americans face. But that doesn’t make our own experience less perilous–or the remedies more ascertainable.

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The Emerging Story Of January 6th

Like many people who read this blog, I receive the daily Substack newsletters issued by Heather Cox Richardson. They are always informative, but Richardson is especially good at two things: concisely summarizing important news, and providing historical context for it.

Her October 31st newsletter focused on in-depth reporting from The Washington Post–and did so in a way that illuminated the importance of that reporting.

The Post’s report was a “deep dive” into January 6th–the events leading up to the insurrection, an in-depth description of that event, and the machinations that followed it. It involved a team of 75, including more than 25 reporters;  they “reviewed video and court transcripts, followed social media posts, and interviewed more than 230 people.” The report, which can be found in its entirety here, concluded that Trump was to blame.

It also uncovered what I can only call an “intentionality” that surprised me.

Like most of my friends, I have blamed Trump for the uprising, but not in the intentional, purposeful, planned way disclosed by the Post’s investigation. His presidency was so inept, his lack of intellect and discipline so pronounced, his complete ignorance of the way government worked so debilitating, that it simply never occurred to me that he might be capable of actually planning a coup. Riling up his supporters, sure–egging them on, sure. Taking satisfaction from the mob’s “acting out,” absolutely. But deliberately engaging in planning to overturn an election seemed beyond his limited abilities.

Evidently, I was wrong. (That has been happening a lot…) As Richardson summarized,

The report concludes: “Trump was the driving force at every turn as he orchestrated what would become an attempted political coup in the months leading up to Jan. 6, calling his supporters to Washington, encouraging the mob to march on the Capitol and freezing in place key federal agencies whose job it was to investigate and stop threats to national security.” It notes that the former president did not make any effort to stop the attacks until it was clear they wouldn’t succeed, and that lawmakers assumed he was backing the rioters….

The Washington Post report places the insurrection into context: “The consequences of that day are still coming into focus, but what is already clear is that the insurrection was not a spontaneous act nor an isolated event. It was a battle in a broader war over the truth and over the future of American democracy,” it says. “Since then, the forces behind the attack remain potent and growing.”

There is much more detail in the linked Letter, and it is chilling; I encourage you to click through and read it.

Although the Letter didn’t address it, I think these new revelations explain something I’ve been unable to understand: the persistence of Trump’s repetition of, and his base’s professed belief in, The Big Lie.  Given the utter lack of any probative evidence of voter fraud or other “rigging,” why the constant insistence that Trump “really” won an election he clearly lost by over 8 million votes?

Here’s my theory: If someone is mounting a coup–especially in a country with a historical commitment to democracy and majority rule–the question of legitimacy looms large. Had Trump been successful (or if he ultimately succeeds in reclaiming the White House) think how much better–how much more self-serving and legitimizing–it would be to claim that he is being “restored” to a position to which he was really entitled.

The effort on January 6th to subvert a democratic election failed, but we aren’t out of the woods by a long shot. A frightening number of our fellow-Americans have imbibed the Kool Ade and joined this cult, aided and abetted by a pretty sophisticated disinformation industry. Worse, most of the rest of us continue to discount the clear and present danger they pose. We continue to believe that coups happen elsewhere.

The Washington Post concluded that America is in a fight for the survival of democracy. We need to listen, because it can happen here.

On January 6th, it almost did.

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A Sword Or A Shield?

Religion has been in the news a lot lately, which probably shouldn’t surprise us. When the times we live in are tumultuous–and I certainly think this era qualifies–people cling to and defend their “eternal verities.”

Of course, that raises an interesting question: what, exactly, qualifies as religion? I think the “eternal verity” descriptor gets at something (excuse the phrase) fundamental: an unshakable belief system based largely on faith in matters that are not susceptible to scientific verification. Political ideologies–including tribal bigotries–fall within that definition.

Unshakable and unprovable beliefs, of course, are the source of a great deal of mischief–and often, tragedy. I’ve posted previously about the tensions within evangelical circles, about some Christians’ insistence that Muslims and Jews cannot be “real Americans,” about the ongoing religious debates over reproductive rights, and (more frequently) about the concerns of America’s founders that led to the religion clauses of the First Amendment. 

With respect to those concerns, an observation by Barney Frank during a recent interview comes to mind.(I’ve loved Barney Frank ever since he held a Town Hall during the fight over the Affordable Care Act, and responded to a looney-tune woman comparing Obama to Hitler and the ACA to Nazism by asking her “On what planet do you spend most of your time?”)

In the interview, Frank was asked the following question: “Some on the left have expressed concern that the 6-3 conservative supermajority on the Supreme Court could erode LGBTQ rights in the name of religious liberty. Are you concerned at all about this?”

Frank responded with his trademark rhetorical acuity. “Yes I am. They’re not going to undo marriage. But I do worry about entities that get public tax money to perform services—they should not in my judgment be allowed to exclude people because of some religious disapproval of their sexual practices. It’s the sword versus the shield. The shield, in legal terms, is a doctrine that prevents other people from intruding on you. A sword is used to intrude on others. And while religious liberty should be a shield, there are concerns that people might make it a sword.”

That verbal picture–a sword or a shield–is an excellent way to approach the First Amendment, and not simply the religion clauses. 

The Amendment was intended to protect an individual’s right to believe pretty much anything (not necessarily to act on those beliefs, however) and to try to convince others to believe those things too. It was also intended to prevent government from getting involved by putting a thumb on the scale, so to speak, or imposing the beliefs of some Americans on others. It was–in Frank’s felicitous phrase–intended to provide individual citizens with a shield and to prevent majorities from using government as a sword.

The problem is, we have millions of people who have “religion” in the sense I defined it above. We have cults, traditional religious affiliations, conspiracy theories, political ideologies of both the Left and Right…in short, we have veritable armies of people convinced of the superior righteousness of their own belief systems. If you need evidence, examine what has been called “cancel culture,” the effort to ostracize people who hold opposing views–not to enter into debate with them, but to shut them down, eject them from the public conversation. (That effort is most definitely not limited to the Left, despite Rightwing efforts to claim otherwise.) 

For numerous reasons, the law cannot classify all these systems as religions for purposes of the First Amendment. That practical reality means that the label “religious” does confer a considerable advantage on beliefs that define themselves in that more limited fashion.

When it comes to traditional religion, Pew recently shared a bit of positive news about the sword and shield finding a significant majority of Americans want government to enforce separation of Church and State. I wonder what a similar study would find about our current commitment to Free Speech–especially in light of recent revelations about Facebook and other social media platforms.

What’s that Chinese curse? “May you live in interesting times…” 

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Unpacking Immunity

The defiance shown by so many police officers to vaccine mandates absolutely astonishes me, as I’ve previously posted. These are, after all, people whose job it is to enforce “mandates” over the “personal choices” of citizens whose disagreement with those mandates is irrelevant.

But then I read a very informative column by Radley Balko in The Washington Post and connected some (admittedly non-intuitive) dots.

The column was about qualified immunity–the judge-made doctrine that continues to exempt police officers from the consequences of unconstitutional behaviors, and essentially allows them to choose which laws they will follow and which they will ignore. I have previously explained that doctrine, and why so many lawyers argue that its effects have been pernicious. Balko goes beyond the widespread criticism of the way qualified immunity currently works; he explains its ugly origins.

I, for one, was unaware of those origins.

Balko begins by reminding us that qualified immunity isn’t in the Constitution or in the U.S. Code. “It is judge-made law. It is judicial activism, by any definition of the term.” The doctrine was first announced in Pierson v. Ray, a case arising out of participation by a group of Episcopal priests–three of whom were Black–in the effort to desegregate public accommodations in the South.

Waiting on a bus just outside of Jackson, Miss., 15 of the priests, three of whom were Black, entered a segregated cafe. Two police officers ordered them to leave. When they refused, the officers arrested them under a vague Mississippi law permitting police to arrest any group of people who threatens a “breach of the peace.” The clergymen were convicted and sentenced to four months in jail. On appeal, their arrests were deemed illegal and their convictions were overturned. They subsequently sued under Section 1983.

Section 1983 is the federal statute allowing citizens to sue the government for damages when agents of that government, acting in their official capacities, violate their rights.

This was the precise sort of constitutional violation that Section 1983 was passed to address. Local state authorities had refused to recognize the 14th Amendment rights of Black priests to be treated equally. And yet they lost.

The U.S. Court of Appeals for the Fifth Circuit ruled that by merely participating in the Freedom Rides, the clergymen had knowingly placed themselves in harm’s way, and therefore were ineligible for damages. The court also ruled that though the arrests and law were subsequently determined to be unconstitutional, the police could not have known that at the time, and therefore couldn’t be held liable.

In 1967, the Supreme Court upheld the decision, and in 1982, in the case of Harlow v. Fitzgerald, the Court made the doctrine even worse. As I explained in my former post on the subject, the Court in Harlow ignored precedents that had required an examination of the “subjective good faith” of the officer being sued. Instead, the court adopted a new “objective” test. After Harlow, a plaintiff had to show that the defendant’s conduct “violate[d] clearly established statutory or constitutional rights of which a reasonable person would have known.”

In other words, since Harlow, courts have required plaintiffs to cite to an already existing judicial decision with substantially similar facts. As a result, as one lawyer recently wrote, “the first person to litigate a specific harm is out of luck” since the “first time around, the right violated won’t be ‘clearly established.’”

As Balko (accurately) characterized the current situation,

Collectively, they’ve created a through-the-looking-glass realm of jurisprudence that not only excuses police violations of constitutional rights, not only grants a police an exception to the axiom that “ignorance of the law is no excuse,” but actually incentivizes law enforcement to remain oblivious to the rights of the people they serve.

Which brings me back to the chutzpah of the police who are refusing vaccination.

When you are working in an environment that shelters you from the consequences when you break the rules, an environment that allows you to decide for yourself which laws you will follow and which ones you will ignore, the result is development of an entitlement mentality. When you are insulated–immunized–from the consequences that ordinary citizens face when they ignore laws of general application, why wouldn’t you get cocky? Why wouldn’t you consider yourself immune from the rules that the “little people” must follow?

Qualified immunity explains a lot more than the evisceration of Section 1983.

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